CERTIFIED PUBLIC ACCOUNTANT

FOUNTATION 1EXAMINATION

F1.2: INTRODUCTION TO LAW

TUESDAY,4 DECEMBER 2012

INSTRUCTIONS:

  1. Time Allowed: 3 hours 15minutes(15 minutes reading and 3hours writing).
  2. This examination has seven questions and only five questions are to be attempted.
  3. Marks allocated to each question are shown at the end of the question.

iCPAR

Attempt any five questions

QUESTION ONE

a)Discuss the principle of vicarious liability in Rwanda .What are the conditions that should be fulfilled in order for one to be held vicariously liable for actions of his/her child.

(5Marks)

b)Mukeshimana is employed as a house boy in Kagarame’s house. His work in the house among others is to wash Mr.Kagarame’s car. One day while Mukeshimana was washing the car he felt that the car was not near enough to the water tap and therefore he decided to move the car to the source of water. In the process of moving the car, he lost control of the car and hit the front wall of the house bringing the entire wall down and damaging the car badly. Kagarame is shocked by the turn of events and he is contemplating of taking legal action against Mukeshimana.Kagarame is seeking your advice on the way forward in this matter.

Required:

Which principle of law is involved here?

(5Marks)

c)In Gikondo Motor Driving School the students have just completed their theory classes and eager to be inducted to practice by their trainer. Mugabo is one of the students confident to sit on the wheels and put what he had learned into practice. The trainer instructs Mugabo on how to go about in driving and he instructs him to move slowly. Without accompanying him the trainer instructs Mugabo to take off. Mugabo takes off and within few minutes he lost control and broke the stone fence of Murenzi. Murenzi is contemplating to take legal action but he is confused as to who he should take action against.

Required

advice Murenzi on;

i / Who is responsible for this accident and why? / (2Marks)
ii / The principle of law that applies in this case / (4Marks)
iii / Against whom shall action in law lie? / (4Marks)

(Total 20 marks)

QUESTION TWO

a)Define the term legal personality and using relevant examples discuss the principle of legal personality

(5Marks)

b)What are the legal characteristics of a name in Rwanda? Explain how the law in Rwanda protects the right to a name.

(8Marks)

c)Define the terms “domicile” and “residence”. What are the legal characteristics of domicile in Rwanda? How is domicile determined?

(7Marks)

(Total 20 marks)

QUESTION THREE

a)Certain types of mistakes in the formation of a contract may affect the validity of a contract. Discuss this statement explaining the mistakes.

(6 marks)

b)What is meant by the expression “contractual capacity”? Illustrate your answer with use of appropriate examples.

(4 marks)

c)Inspector Sniff offered a reward to anyone who would assist in giving information that could lead to the arrest and subsequent conviction of Ras, a “most wanted car jacker” in the city. The reward of Frw. 1,000,000 was advertised in the local dailies. Kamanzi who did not know of the reward volunteered information to Inspector Sniff and Ras was arrested and convicted. However, Inspector Sniff did not give Kamanzi the reward. It is now three months since the arrest and Kamanzi has learnt of the reward. He seeks your legal advice on whether he can successfully claim the reward.

Required:

Advise Kamanzi. (10 marks)

(Total: 20 marks)

QUESTION FOUR

a)Explain the term administrative law

(3 marks)

b)Write short notes on the following:

i) Supreme court of Rwanda(4 marks)

ii) High court(4 marks)

c)Explain the following sanction attached to the legal rule:

i) Criminal sanctions.(3 marks)

ii) Civil sanctions.(3 marks)

iii) Disciplinary sanctions.(3 marks)

(Total: 20 marks)

QUESTION FIVE

a)What do you understand by the term organic law?

(5Marks)

b)List at least five reserved areas for organic law by the constitution of the Republic of Rwanda.

(15Marks)

(Total: 20 marks)

QUESTION SIX

a)What is a frustrating event as used in the law of contract

(5Marks)

b)Discuss five events that may frustrate a contract?

(15Marks)

(Total 20marks)

QUESTION SEVEN

a / Explain three characteristics of a legal rule / (6 marks)
b / State and explain three organs of the government / (6 marks)
c / Explain the term “person” as used in the law of persons / (2 marks)
d / State and explain three legal characteristics of a name. / (6 marks)

(Total: 20 marks)

End of question paper

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